"This judgement demonstrates how any British government’s hands are tied in this matter." - UKIP MEP Gerard Batten
UKIP Press Release
•Yesterday the European Court of Justice dealt another blow to David Cameron’s promise to require migrants to be able to speak English from outside the EU.
The European Court of Justice gave its judgment in the case of Dogan v Germany (Case C-138/13). The Court held that the German law which requires new immigrants to pass a basic German language test, as a condition of getting a German visa for family re-unification, is contrary to the EU-Turkey Association Agreement. As part of ‘EU law’, the association agreement is superior to German national law.
Mrs. Dogan, a Turkish national, was refused a visa to join her husband, who is self-employed in Germany, as she failed to take the language test. The EU Court considered that the requirement of passing a language test undermined the 'freedom of establishment' between the EU and Turkey, as Turkish nationals might be deterred from working in Germany if their families cannot join them without passing a language test.
While Turkey is not yet a part of the EU, the Association Agreement prohibits introducing any new obstacles to the 'freedom of establishment', and the ECJ has held the 2007 German law to be such an obstacle.
"This judgement illustrates the point that the ECJ is a politicized court that is an engine of further EU expansion and integration. This case has been decided not by reference to the actual law, but simply by considering which decision would better serve the long-term political goal of Turkey joining the EU.
"It also demonstrates how any British government’s hands are tied in this matter."